18 month ILR Application and British Citizenship

[HarryJones]

Hi Gurus,
1.Please can one apply for British Citizenship after you receive your ILR after 18 months ?
2. om what condition can the British Citizenship be backdated?
Thanks

[secret.simon]

1.Please can one apply for British Citizenship after you receive your ILR after 18 months ?

Yes. One can apply for British citizenship when the conditions prescribed the British Nationality Act 1981 are met. One of them is holding ILR.

2. om what condition can the British Citizenship be backdated?

British citizenship is *never* backdated. It is a privilege (not a right) that is only granted when the SSHD (effectively the caseworker) is satisfied that the conditions of the grant have been met. And the grant is only prospective, never retrospective.

That is not because of reluctance of the Home Office. The British Nationality Act 1981 does not provide for any retrospective grant of British citizenship. Any acquisition of British citizenship after birth (by either registration or naturalisation) is only prospective from the date of the grant of the certificate by the Home Office.

It is also worth remembering that naturalisation is not a part of the immigration pathway and that ILR and naturalisation are governed by different rules and different laws. Just because something (such as absences) may not have been taken into account or was excused when ILR was granted does not mean that the naturalisation process will also not take it into account or will excuse it. It is possible for ILR to be granted but naturalisation to be denied with the same facts.

Given that most of your previous posts have been on behalf of somebody else, summarise the situation of the person that you are asking the question on behalf of and we may be able to guide you better.

[HarryJones]

The person has just obtained his ILR after waiting for more than 18 months.
Can he apply right away now for BC?

[Casa]

The person has just obtained his ILR after waiting for more than 18 months.
Can he apply right away now for BC?

As all of your posts on the forum appear to be on the behalf of someone else, please ask your friends to register and post their questions directly, setting out their full immigration history clearly. In the case in this thread, we have no indication on why the ILR was delayed for 18 months.

[HarryJones]

it was delayed

[secret.simon]

it was delayed

Why was it delayed? Was it delayed because the Home office asked for further documentation and the applicant took time to pass the requested documents back? Was the applicant's case particularly complex and required the Home Office to do further investigation? You will need to give us a lot more details about the person's case for us to advise further.

There is no automatic right for people whose ILE was delayed to bypass the one year ILR requirement.

Also see this post and the rest of that thread.

[Casa]

The person has just obtained his ILR after waiting for more than 18 months.
Can he apply right away now for BC?

As all of your posts on the forum appear to be on the behalf of someone else, please ask your friends to register and post their questions directly, setting out their full immigration history clearly. In the case in this thread, we have no indication on why the ILR was delayed for 18 months.

[HarryJones]

I am not sure of the reason either but HO knows.

the real question is, is there possibility for one to apply for BC after the ILR was delayed by HO for 18 months?